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Backup Documents 07/24/2012 Item #11GORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO IG THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature. draw a line through rnufing lin— a I thrn,,.,h 44n ,..,,..l— .,...­..,.­ . -- a -- Route to Addressee(s) - ........,,.b.. —, t , I. �nc�nuai, anu Office ,U,waru w Sue Fuson time Initials rte). Date (List in routing order) ; r-1 (Initial) Applicable) 1. V Agenda Item Number U 2. / C em -,e a Number of Original 3. resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 4. Colleen M. Greene, ACA County Attorney cob- and Clerk to the Board and possibly State Officials.) 5. BCC Executive Manager BCC ,,,�n rChairman and all other parties except the BCC Chairman and the Clerk to the Board ��� � x-11► 112 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is hone Number 252 -2966 Contact ; r-1 (Initial) Applicable) Agenda Date Item was Approved by the BCC V Agenda Item Number U Type of Document Attached / C em -,e a Number of Original resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached ew�arl-� INSTRUCTON\ S & CHEeCKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip .4 e c5 `t1 c U`r �x n. WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.055�5���Q)r' Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. a pro riate. Original document has been signed /initialed for legal sufficiency. (All documents to be (Initial) Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, f _ resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office ,,,�n rChairman and all other parties except the BCC Chairman and the Clerk to the Board c �' � 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain c ' time frame or the BCC's actions are nullified. Be pwarp of your deadlines! 6. The document was approved by the BCC on 11 11 (enter date) and all changes made during the meeting have been incorporat d in the attached document. The Count Attorney's Office has reviewed the changes, if a licable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip .4 e c5 `t1 c U`r �x n. WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.055�5���Q)r' I I G MEMORANDUM Date: December 13, 2012 To: Gail Hambright, Sr. Accountant Coastal Zone Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: 2013 Tourism Agreement between Collier County and the City of Naples for FY13 Category "A" Projects Attached, find please a certified copy of the agreement referenced above, (Item #11G) approved by the Board of County Commissioners July 24, 2012. The Minutes & Records Department has kept the original document for the Board's Official Record. If you have any questions, please call 252 -8406. Thank you. Attachment 11C 2013 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR FY 13 CATEGORY "A" CITY OF NAPLES PROJECTS. THIS AGREEMENT is made and entered into this day of -c�•r' , 2012, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". RECITALS: WHEREAS, CITY has submitted applications for Category "A" Tourist Development Tax Funds in the aggregate amount of one hundred fifty six thousand eight hundred fifty dollars ($156,850.00) for the City of Naples Projects for fiscal year 2012 -2013 as described in Exhibit A and attachments A -1 Beach Maintenance and A -2 Naples Pier, to this Agreement (the "Projects "); and WHEREAS, the COUNTY desires to fund the Projects as a valid and worthwhile public purpose. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK. GRANTEE prepared detailed applications and proposals outlining the Project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "Proposals," attached as Exhibits "A -1 and A -2 ". GRANTEE shall provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. I I G 2. PAYMENT AND REIMBURSEMENT. The aggregate maximum reimbursement under this Agreement shall be One Hundred Fifty Six Thousand Eight Hundred Fifty and No /100 ($156,850.00). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. 2.1 GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Manager or his designee. The County Manager, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The budget for each project, attached as Exhibit "A," shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. 2.2 Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits payment invoices in accordance with the law. 2.3 GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A ". 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Proposals will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be 2 I I C- ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up to one (1) year after termination of this Agreement or any extension or renewal thereof. 4. PAYMENT REQUESTS. Payment requests for interim draws and final payment must be submitted to the County in the form of the Request for Funds form attached to this Agreement as Exhibit "B ". All payments are on a reimbursement basis only after proof of paid invoices are presented to the County. County may withhold any interim draw for failure to provide the interim status report, and County shall withhold final payment until receipt of the final status report or other final report acceptable to County. All invoices and requests for payment including the final payment must be received within sixty (60) days of termination of this Agreement. Any invoices and requests for payment not received in this time frame shall be returned to the Grantee and rejected for payment. 1.1.1 5. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The insurance coverages identified in the Certificate of Insurance shall be maintained without interruption from the date of commencement of the Projects until the date of completion of all Projects required hereunder or as specified in this Agreement, whichever is longer. The Certificate of Insurance shall be issued by a company licensed in the State of Florida, with a current A. M. Best financial rating of "Class VI" or higher,. and provide General Liability Insurance for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability — Statutory The Certificate of Insurance must be delivered to the County Manager, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence 3 I I� activities which are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Proposal. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 4 11G 8. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Mr. David Lykins, Community Service Director City of Naples 280 Riverside Circle Naples, Florida 34102 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: Gary McAlpin, Director Coastal Zone Management Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. 9. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 10. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 11. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism tourist development tax funds in a separate checking 5 I I G account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 12. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. AVAILABILITY OF FUNDS: This agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this agreement, the COUNTY may upon written notice, at any time during the terms of this agreement, and at its sole discretion, reduce or eliminate funding under this agreement. 14. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of COUNTY. 15. TERM. This Agreement shall become effective on October 1, 2012, and shall remain effective until sixty (60) days after completion of the Project described in Exhibit "A ", but no later than September 30, 2013. 16. AMENDMENTS. This Agreement may only be amended in writing by mutual agreement of the parties and after recommendation by the Tourist Development Council. 17. REQUEST FOR EXTENSION. Any request for additional time to complete the project described herein or any request for additional tourist development tax funds must be made in writing and received by the County Manager or designee at least thirty (30) days prior to the end date of this Agreement as provided in Section 15, TERM. C 11G 18. RECORDATION. This Agreement shall be recorded in the public records of Collier County, Florida. 11G IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: W—M a'' BOARD OF COUNTY COMMISSIONERS ATTEST: 1, COLLIER COUNTY, FLORIDA DW1614T E. BROCK, Clerk r By: " Jerk Fred Coyle, Chairman Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney CITY OF NAPLES ATTEST: By: OHN F. SOREY III, ayor 'PATRICIA L. RAM130SK, City Clerk WITNESSES: Approved as to form and legal sufficiency: signature 214n �r, l& 1 S ROBERT D. PRITT, Citk Attorney P ' , yped Name (2) ,p v 1� TA tf7a•�l (corporate seal) Printed/Typed Name EXHIBIT "A" BUDGET — CITY OF NAPLES Beach Maintenance $76,850.00 Naples Pier Annualized Repair and Maintenance $80,000.00 AGGREGATE TOTAL $156,850.00 Exhibit A -# FINANCE DEPARTMENT TELEPHONE (239) 213 -1820 • FACSIMILE (239) 213 -1805 735 EIGHTH STREET SOUTH • MAPLES, FLORID 34102 -6796 March 23, 2012 Gail Hambright, Accountant Coastal Zone Management Office W. Harmon Turner Building 3200 East Tamiami Trail — Suite 103 Naples FL 34112 RE: City of Maples - Submission of TWO Grant Proposals; FY 2012 -2013 TDC Category "A" Applications Dear Ms. Hambright: Enclosed please find an original signature copy for each of two applications. The two applications are respectively submitted under the Collier County Coastal Advisory Committee's Category "A" grant program. The applications are formatted to capture all the information suggested by the program guidelines. The applications were approved by resolution for submission by the City Council at their March 21, 2012 meeting. The approval resolution is available upon request. The two applications are for funding to support, 1) Naples Beach Maintenance project, and 2) Naples Pier Annualized Repair and Maintenance project. Our project leader, Joe Boscaglia, would be more that pleased to discuss any aspect of these applications. The City of Naples is concerned with sustainable economic growth for the region. These project applications are critical to that effort, Thank you for your consideration in this matter, Sinc ly, Greg Given , 'rants Coordinator City of Naples - Finance Department 735 8th Street - South Naples, FL 34102 Office: (239) 213 -1816 &drdm@Wks=c Fndosimes: C ?rant Applications Exhibit A -1 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION 2013 Beach Renourishment and Pass Maintenance Navies Beach Maintenance _ (Project Title) l . Name and Address of Project Sponsor Organization: City Of Naples 735 Eighth Street South Naples, Florida 34102 2. Contact Person, Title and Phone Number: Name: David Lykins, CSD Director Address: 280 Riverside Circle City: Naples State: FL ZIP: 34102 Phone: 239/213 -7110 FAX: 2391213 -7130 Other: dlykius(a_�nauleseov.com 3. Organization's Chief Elected Official and Title: Hon. John F. Sorey III City Mayor 4. Details of Project- Description and Location: Description: This is an on -going TDC funded project for support of maintain on local beaches. The City in recent years has taken over the upkeep and grooming of TDC eligible beaches from the County. Under this project, the City removes litter, accumulation of algae, and rocks along public access beach portions of the Gulf within the City's jurisdictional limits. This is a benefit to both residents and tourist populations, and is beneficial to the preservation of the sand beach and shoreline. This year's request includes equipment operator's salary and benefits; equipment fuel and maintenance, contractor and equipment. Location: Signification coordination of effort continues between the City and Collier County concerning beach maintenance. The project boundary location is from southernmost State - permitted beach cleaning area within the City's jurisdictional boundary to Clam Pass in Collier County. 5. Estimated project start date: October 1, 2012 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $76,850 8. if the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No() Exhibit A -1 Collier County Tourist Development Council Category "A " Grant Application - Page 2 Naples Beach Maintenance (Project Title) PROJECT BUDGET PROGRAM ELEMENT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share TOTAL PROJECT EXPENSES: (Engineering, Mobilization, Contractor,.Monitoring etc) AMOUNT $ _76,850 $ _76;850 _Salaries $_48,000 _Equipment Fuel and Maintenance $_7,000 _Additional Beach Cart - Gas w/ Manual Bed Lift_ $_11,850 _Additional Two Beach Trash Compactors at Pier $_10,000 TOTAL $ _76,850 IIG I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. X A. WiTliam Moss, City Manager Date Approved arsto fOM jsod f pft sy It~ D. Ptftt, Clty Attan"y Exhibit A -1 I 1 ( ! EXHIBIT A ADDITIONAL INFORMATION ELIGIBILITY: Beach Maintenance activities will take place on beach area that are least 80% classified as eligible under the TDC guidelines. The project boundary location is from southernmost State - permitted beach cleaning area within the City's jurisdictional boundary to Clam Pass in Collier County. ORGANIZATIONAL CAPACITY: The City of Naples will be the primary recipient and lead agency for controlling and completing all aspects and activities proposed in this grant application. The City will remain the lead agency for the duration of funding and will be the sole point of contact for all matters related to this proposal. The City has the managerial and financial capability to ensure proper planning, management, and completion of the project described in this application. BUDGET ASSURANCES: Dual Compensation: If a City project staff member or consultant is involved simultaneously in two or more projects, the staff will not be compensated for more than 100% of their time for any such dual involvement. PROJECT LOCATION MAP: Exhibit A -2 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION 2013 Beach Renourishment and Pass Maintenance Naples Pier Annualized Repair and Maintenance (Project Title) 1. Name and Address of Project Sponsor Organization: City Of Naples 735 Eighth Street South Naples, Florida 34102 2. Contact Person, Title and Phone Number: Name: David Lykins, CSD Director Address: 280 Riverside Circle City: Naples State: FL ZIP: 34102 Phone: 239 /213 -7110 FAX: 239/213 -7130 Other: diykinsQnaplesgoy.com 3. Organization's Chief Elected Official and Title: Icon. John F. Sorey III City Mayor 4. Details of Project- Description and Location: Description: The activity description for this project includes labor and material for the upkeep and safety of the pier. The pier is a pubic access beach facility as a tourist attractor and destination. The pier structure has a shoreline erosion control and beach preservation effect. Additionally, the public safety through the continued maintain of the pier is of paramount importance. Repair and maintenance issues include responsibility and public safety of pier structure, wooden deck, restrooms and storage facilities as well as water and electrical systems related to the pier's use as a fishing, tourist and beach preservation structure. Location: The project location is at the 12 Avenue — South terminus beach end. Please refer to Project Location Map found in Exhibit A. 5. Estimated project start date: October 1, 2012 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds 'Requested: $80,000 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) Exhibit A -2 Collier County Tourist Development Council Category "A" Grant Application - Page 2 Naples Pier Annualized Repair and Maintenance (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ _$80,000 City/Taxing District Share $ State of Florida Share $ Federal Share $ TOTAL $ _$80,000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Salaries and Material TOTAL $_$80,000 $ 80,000 S1G I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. x �u 3 %z Ac- A. iam Moss, City Manager Date APProved as to fem and Ipsiit� sy Robert D. Pd% q� A .� �!I 11G Exhibit A -2 EXHIBIT A ADDITIONAL INFORMATION ELIGIBILITY: The pier structure is no more than one -half mile from a public beach facility, public access point, and hotel or motel facilities and is on a beach area classified as eligible. BUDGET ASSURANCES: Dual Compensation: If a City project staff member or consultant is involved simultaneously in two or more projects, the staff will not be compensated for more than 100% of their time for any such dual involvement. PROJECT LOCATION MAP: 11G EXHIBIT "B" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE r D n m C) 3 r m m v m M O z m a r m r m O m 2 m v M z 2 m W °D X v X O M X m X --I O m C 03 U m n -I <A m H z m X n 3 m z a z v D X m --I O a v v m Z 2 m n 2 H ncnn z D oso (D D n m 00OWN 3D� ((D m z °'� V > Q7 (D D z r p -n no '* ' ' m `9 zOc m v a 70MZ 3 --4 a cn m 'p m N � ? 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